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In re the City of New York

268 A.D. 960 Court N.Y. App. Div. Decision date 1944-12-01 English

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p. 960
In the Matter of the City of New York, Respondent, Relative to Acquiring Title to Real Property within the Area Bounded by Amsterdam Avenue, West End Avenue, 61st Street and 64th Street, in the Borough of Manhattan, Selected as a Site for the Amsterdam Houses. Phylipp Weissberg, Appellant.

Giving proper relative weight to the conflicting evidence, we think that the land award on each of the four damage parcels involved is inadequate and should in each instance be increased to the sum of $8,750. (Matter of City of New York [Amsterdam Houses], 266 App. Div. 828 , affd. 292 N. Y. 698 .) The final decree so far as appealed from should accordingly be modified by allowing an award on Damage Parcel No. 8 of $14,750 (improvements $6,000); on Damage Parcel No. 20 of $14,750 (improvements $6,000); on Damage Parcel No. 22 of $14,750 (improvements $6,000); and on Damage Parcel No. 37 of $15,250 (improvements $6,500) and as so modified affirmed, with costs to the appellant.

Martin, P. J., Townley, Glennon, Cohn and Callahan, JJ., concur.

Decree, so far as appealed from, unanimously modified as indicated in opinion, and as so modified affirmed, with costs to the appellant. Settle order on notice.

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